Long-Term Disability Lawyer Louisiana

Most employed Americans carry  long-term disability insurance where they contribute every month as a safety net in case they become disabled and can no longer work. This is done through an employer-sponsored plan or through a private plan and promises to reward 50-80% of the victim’s prior earnings.

Unfortunately, filing for long-term disability benefits can be extremely frustrating. Insurance companies want to protect their bottom line which means despite properly filing the application, your claim can still be denied.

If you’re disabled or been denied a claim, we are here to help. Ascend Disability is a national law firm that specializes in disability law. We have been representing clients in long-term disability cases for over 20 years and have recovered millions in settlements.

We understand the LTD claims process and are committed to helping you clients get the benefits they deserve.

We operate on a contingency fee arrangement, meaning you don’t have to pay any fees unless you win your case. Call us at (855) 445-9787 to schedule a free initial consultation and learn more about your legal options.

Table of Contents

What is Long-Term Disability (LTD)?

Long-term disability (LTD) is a form of insurance coverage that replaces income for people who are unable to work due to a deliberating condition. The benefits are typically paid monthly and can last for a specified period, or until you reach retirement age.

Long-Term vs. Short-Term Disability

It is important to know the difference between short-term and long-term disability benefits. Short-term disability benefits are designed to cover temporary disabilities, usually ranging from a few weeks to six months. These benefits are generally provided by employers or as part of a group benefits plan.

Long-term disability benefits are designed to support individuals facing prolonged or permanent disabilities that prevent them from returning to work for an extended period.

Long-Term Disability Benefits

The sole purpose of LTD is to provide financial aid when you’re unable to work. These benefits can cover essential living expenses like rent or mortgage, utilities, medical bills, and daily necessities.

Getting LTD benefits provides a lifeline of support, allowing you to achieve peace of mind and financial stability during this challenging stage of your life.

Long Term Disability Lawyer in Louisiana

What are the Requirements for Long-Term Disability?

LTD benefits eligibility in Louisiana is usually determined by an array of factors like age, medical history, mental and physical status as well as the ability to do essential job tasks. You are required to provide proof of your illness or injury, showing that it prevents you from working. It should also meet your LTD policy’s definition of disability.

1. Proof of Disability

The insurance carrier will ask for medical documentation and any other evidence relevant to your LTD claim. This is mandated by the Proof of Claim section in your insurance policy. To file a claim, you must notify the insurance provider and submit the necessary paperwork.

2. Definition of Liability

Next, the insurance carrier will check your ability to resume working in the same role or in a certain capacity. The policy outlines the definition of a long-term disability, which is based on whether you can work in your own occupation or any occupation.

  • Own occupation- This implies that you are disabled and can no longer perform the tasks of your current job. Keep in mind that this is based on how the job is defined nationally and not by your boss. Coverage for this usually goes up to two years.
  • Any occupation- After the initial two years, the disability definition becomes more specific. Here, you are required to show that you cannot work in any occupation or earn a certain percentage of your income before the incident that led to disability. This is harder to prove and requires the assistance of a highly experienced LTD lawyer. So, do not take any chances.

What Medical Conditions Qualify for Long-Term Disability?

Long-term disability benefits encompass a wide range of medical conditions that hinder individuals from working. The specific qualifying conditions vary depending on the insurance policy, but common examples include chronic pain, cardiovascular disorders, cancer, neurological disorders, musculoskeletal conditions, mental health conditions, and autoimmune diseases.

Working with a skilled Louisiana Long Term Disability Lawyer can help determine if your specific condition is eligible for benefits.

What is the LTD Process?

Step 1: Understanding Your Policy

The first step in the LTD process is having a thorough comprehension of your insurance policy. It’s important that you familiarize yourself with the terms, conditions, and provisions of the policy. These include the definition of disability, benefit amounts, and waiting periods.

Step 2: Notify Your Employer

It is crucial to promptly inform your employer regarding your inability to fulfill your responsibilities because of your disability. This communication is vital as it serves multiple purposes in the LTD process. First, it allows you to explore possible eligibility for temporary leave under the Family and Medical Leave Act (FMLA). Second, informing your employer is imperative as certain insurance providers require an employer to make a statement about the incident.

Step 3: File an Employee Statement

The specific steps in filing for LTD benefits may differ depending on your insurance provider. However, in most cases, you’ll be required to submit an employee statement. This document should contain essential information like the basis of your claim, pertinent medical details, workplace information, the healthcare provider overseeing your treatment, and any relevant workers’ comp information. Also, make sure you adhere to the stated timelines for submitting this document.

Step 4: Submit Your Claim

Once you have collected the necessary information, the next step is to submit the LTD claim to your insurance carrier. Ensure you follow the specific instructions outlined in the policy in order to submit the claim promptly and accurately. Consult your lawyer to ensure all required forms and supporting documents are included.

Step 5: Evaluating Your Claim

Once your insurance company receives the claim, they will do an evaluation to determine your eligibility for LTD benefits. This process usually involves reviewing your medical records, consulting with medical experts, or doing an independent medical examination. Make sure that you’re honest and provide comprehensive information in order to have a solid claim.

Step 6: Receive a Decision

When the claim evaluation is done, the insurance provider will give you a decision regarding your LTD benefits. If the claim is approved, you will begin to receive the benefits stipulated in your policy, usually within a few months. However, if it’s denied, you have the right to appeal the decision.

Step 7: Making an Appeal

If your claim is denied, it is advisable to seek the expertise of a seasoned LTD lawyer to help you navigate the appeals process. This is a complex process and going about it on your own is a surefire way to end up with no benefits.

How Can an LTD Lawyer Help?

The process of obtaining LTD benefits can be overwhelming.  An LTD lawyer will help you understand your insurance policy, the application process, and much more. Ascend Disability, a national LTD firm will collaborate with you to do the following:

  • Go through the description of your LTD insurance policy
  • Go through your medical records and help curate the medical and vocational evidence needed to file the initial LTD claim.
  • If your claim is denied, they will help you file an appeal within the set timeline. They will obtain and review your file from the LTD insurance provider, meet your physician and obtain supplementary reports, organize for you to get a vocational or functional capacity evaluation, conduct thorough medical research, and file a comprehensive disability claim appeal of your ERISA or private disability claim denial.
  • If it comes to it, they will be ready to file a lawsuit in court on your behalf.

Talk to a Long-Term Disability Lawyer in Louisiana!

LTD insurance providers will tell you that they provide workers a safety net but they systematically delay or deny LTD benefits in order to protect their bottom line.

They may try to deny this or attempt to change their image, but the past and statistics are common knowledge. They are known for exploiting the premium-paying policyholders. However, under the law you have the right to these benefits.

To see if your conditions will qualify you for long term disability, call us at (855) 445-9787 for a free consultation.

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